NEWPORT NEWS — Two murder cases have been dropped in the past month in part because witnesses refused to testify in court. A third murder case was dropped within the same period because the shooting death was ruled justified.

Witnesses not talking to police — or not showing up to testify in court — isn't a new problem, but it's an ongoing challenge, according to prosecutors and police. For some witnesses, it's the prospect of retaliation that keeps them silent; for others, it's about respecting the street code of "no snitching."

"Fear is not always the reason," said Howard Gwynn, Newport News commonwealth's attorney. "Some just don't want to get involved or don't want to snitch. Snitching is a very serious problem as well. Or they tell us don't worry, they will take care of it themselves."

Joseph Thomas, Tevin Davis and Doren Lee, all of Newport News, were all charged in connection with homicides that occurred in the past three years. Each man had his murder charge dropped between Jan. 9 and Feb. 4. Davis and Thomas' murder charges were nolle prossed, due to uncooperative witnesses, Gwynn said.

Under a nolle prosse, charges are dropped but can be brought back by prosecutors if more evidence is discovered.

In the Thomas case, witness cooperation was a problem from the beginning of the investigation. Despite the many calls police initially received about the homicide, no one would identify themselves or come forward to give a statement to police, according to a criminal complaint filed in Newport News General District Court. It was a later witness who contacted police and gave authorities more information that led to Thomas' arrest in August.

Thomas, 20, was charged in the May 2 shooting death of Brandon Johnson, 26, who was gunned down near a school bus stop near 22nd Street and Chestnut Avenue. Johnson was killed during an argument near 22nd Street and Chestnut Avenue. The shooting occurred at 2:30 p.m., a block from where children were getting off a school bus.

Connecting with the community

Last year, Gwynn restructured how cases were assigned to prosecutors. With the exception of domestic violence cases, prosecutors are assigned cases by the city's three precincts. The change was intended to allow prosecutors to spend more time on the street to build tighter bonds with residents. Gwynn said the restructuring is going well, but with the heavy case loads of his office — a staff of about 25 prosecutors — it's difficult for them to spend as much time as was planned.

"People have to believe you care about them … the more they know you, the more they feel that way," Gwynn said. "So getting out in the community for us is a critical piece."

A murder charge was dropped against Davis on Jan. 16. Davis, 21, was charged with murder in connection with the July 10, 2010, shooting death of 25-year-old Lonnie Levine.

Levine was found dead in the 300 block of Beechmont Drive in Denbigh. A second man, 27-year-old Darren Lewis Spraggins, was charged in Levine's homicide. In March 2012, Spraggins was found guilty of first-degree murder and sentenced to serve 53 years in prison, court documents show.

When asked if the right people were charged in the Levine and Johnson homicides, Gwynn says, "We believe the right people are charged. Hopefully they will be recharged."

A justified fatal shooting

Lee, 25, was charged in the Oct. 13 shooting death of Patrick McWanza Hewett. Lee's murder and firearms charges were dropped Feb. 4 because the homicide was ruled justified. Hewett, 49, was found lying on the ground in a parking lot of Colony Square Apartments. He died less than an hour later at a local hospital from a gunshot wound to the stomach.

Hewett and Lee argued inside an apartment before the fatal shooting, according to an affidavit. The men went from arguing inside the apartment to a parking lot outside, where the shooting occurred. A witness told police that as Lee was leaving the building, they saw Hewett go inside the apartment to get a gun before walking back outside.

"[The witness] advised that Mr. Lee and Mr. Hewitt could be heard arguing and then one gunshot was heard," the affidavit states.

Lee turned himself in to police later that day. He is in Newport News jail on another firearms charge.

Lee declined an interview request.

"I think all the evidence that we knew about supported the defendant's claim of justifiable homicide," Gwynn said.

Hard to explain

The toughest part for prosecutors when charges are dropped is explaining to the victim's family the reason for the halt in the case, Gwynn says.

Hewett's family arrived in court Feb. 4 for a preliminary hearing, but instead heard a judge accept a motion to drop Lee's murder charge. After the hearing, the family huddled outside the courtroom as prosecutors explained why the charges against Lee were dropped. One woman wept silently.

"People depend on us to make this right for them," Gwynn said. "Obviously, we can't give them what they really want in a homicide case, which is to have their loved one back, but they do want the system to work for them."